Advice style answer on tort of negligence

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Tort of Negligence The word tort is derived from the French word meaning wrong. A tort in the modern law refers to an approach which is a civil wrong. The tort of Negligence protects person, assets and financial interest from damage caused by a person not taking reasonable care. Application of Law 1. In the first question, Barack has failed to take all necessary steps while selling the ladder to Alfonse son of Theo-Paul. So this makes the case for tort of negligence. Theo-Paul, who is injured after using the ladder according to the instructions given, has to prove the following crucial fundamentals. a. A Duty of care b. A breach of the duty of care c. Damages in order to make Barack liable for trot of negligence. We keep aside the amount of Damages as of now. A Duty of Care is the duty owed by one person to another because of the relationship between them which might cause injury. Duty in this condition is a responsibility, accepted by law, to obey the rules to a particular model of conduct for the safety of others against unreasonable risk. The first stage was to ascertain whether there was adequate relationship of neighbourhood or proximity between the claimant Barack& Theo-Paul. The neighbour principle is the spine of duty of care, but in the following years the courts have developed more difficult tests. Modern Law of Torts was laid down by Justice Atkins in the most famous case of Donoghue v Stevenson in 1932. (Latimer, 2014, p. 227)The case raised a distress about the consumers right’s to claim related to the damage caused by the use of the product.The judgment of this case puts the additional responsibility on the manufacturer of any product that needs out of the ordinary care. A duty of care was establish to be owed by a producer to an end-user, for carelessness in the manufacturing of his goods. Here Barack has failed as a supplier to take the additional responsibility before selling to Alfonse. We can determine this case makes Negligence a key area of Torts. The second issue the courts will take into account to ascertain negligence is breach of duty. This is normally known as the reasonable man’ test, and simply asks whether the Barack has done something a sensible person would not have done, or failed to do something that a sensible person would not have. The court will decide if there is a breach, it will look at the probability of harm, in Bolton v Stone 1951 UKHL 2 (Latimer, 2014, p. 248) the court decided in this case, that the risk of someone getting hurt on the road was so little. The seriousness of harm (Paris v Stepney Borough Council 1950 UKHL 3) (Latimer, 2014, p. 248) the court decided that Stepney Borough Council was conscious of his unusual conditions and failed in their duty of care to give him protecting goggles and steps to avoid the risk of harm (Latimer v AEC Ltd) ,

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